Postemployment Restrictive Covenants and Attorneys: The Enforceability Trend Continues as the Brozost Court Issues a Preliminary Injunction Against Competitive Practice
Joanne Springer-Messick
DOI: 10.2190/YR08-JJL0-MMFV-KR2R
Abstract
Restrictive covenants are included in many employment contracts. In today's economy, valuable employees are often tempted away by competitors, taking with them years of experience, knowledge, and skill. To limit the amount of damage suffered in that inevitable circumstance, employers offer contracts containing clauses that would prevent the employee's solicitation of customers, disclosure of information, or competitive employment. Attorneys are now faced with similar clauses, and courts have generally invalidated them. However, there is a trend to uphold trade restrictions against attorneys and in favor of former employers. This article attempts to address the potential pitfalls department attorneys now face.
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